-
The Briefer Process -
-
The «Processus Brevior», or Briefer Process
On August 15, 2015, Pope Francis issued an Apostolic letter Motu proprio, entitled Mitis Iudex Dominus Iesus (“The Lord Jesus, Clement Judge”), which took effect on December 8 of that same year, initiating a reform in the Church’s procedures for determining the nullity of marriage cases. In this document, along with streamlining the traditional Formal Case process, the Holy Father created the processus brevior, or as it is commonly known, the Briefer Process. While this process can take less time than a standard formal case, it also has stricter standards for its use.
-
-
-
-
On August 15, 2015, Pope Francis issued an Apostolic letter Motu proprio, titled Mitis Iudex Dominus Iesus (“The Lord Jesus, Clement Judge”), which took effect on December 8 of that same year, initiating a reform in the Church’s procedures for determining the nullity of marriage cases. Along with the traditional formal case process, the Briefer Process is a shorter version of a Formal Case where in certain cases, where both parties agree in conscience that their marriage should be declared invalid. There must be clear and manifest proof to support their assertion. In this type of case, the parties can now opt to have the diocesan bishop judge their case directly instead of going through the ordinary tribunal process.
The parties still need to present enough solid evidence for the bishop to make a confident determination of the status of their marriage, but in many cases this will be a simpler process. This evidence would include witness testimony, expert testimony (such as evidence provided by a counselor, psychologist or other qualified professional), or other documents (such as police and court records, letters, diaries, etc.). If a Respondent does not respond to the citation, disagrees with the Petitioner, or is not locatable, the Briefer Process cannot be used.
-
-
-
For this briefer process to apply, all of the following must apply:
-
-
Both spouses must consent by notarized signature, to participate actively in the process.
-
The facts surrounding the case must be obvious and manifest according to the marriage law of the Church.
-
All the facts that support the criteria of nullity (proofs) such as documents and the testimony of parties and witnesses must be readily accessible and available. Even with this, the time necessary will vary from case to case. Once collected, the acts of the case are submitted to the bishop for a decision.
-
-
-
-
-
On October 1st, 2015 the dicastery (office) of the Roman Curia known as the Pontifical Council for Legislative Texts, whose work "consists mainly in interpreting the laws of the Church", clarified that the Briefer Process cannot be used if the Respondent remains silent, does not sign the Petition, or fails to declare his/her consent. The consent of both parties is the required condition to initiate this process. The consent of the parties must be given clearly, unequivocally, and in writing.
This requirement helps protect the right of both spouses to defend the validity of their marriage. There is a common misconception that if both spouses agree that the marriage is null, a declaration of nullity is somehow automatic or guaranteed. This has never been true, and the new law does not change that. The facts of the case, and not the spouses’ agreement or disagreement on the matter, determine whether the marriage has been proven null.
-
-
-
First, a party (or one of them with the consent of the other) must submit a petition for a Declaration of Nullity, which in addition to all the information normally contained in a petition, has to demonstrate why the Briefer Process could be used, i.e., why the nullity of the marriage is manifest and also how it will be proven by readily available evidence. The party should seek guidance from their priest or other canonical advocate in taking this first step. There is no guarantee that a case will qualify for the Briefer Process.
If, through examination of the facts, the Judicial Vicar determines that the case might qualify for the Briefer Process, the application will be shared with the Respondent and their signature secured. The Judicial Vicar then issues a decree stating the grounds in the case, nominating an instructor (an official in charge of gathering the evidence) and an assessor (an official in charge of advising the bishop). To confirm facts, appointments may be scheduled for the Petitioner and the Respondent to come to the Tribunal and give further information regarding the marriage; information is also gathered from witnesses. The Defender of the Bond and the parties then have 15 days to present additional information. After this, the case is presented to the bishop for judgment.
If, based on all the evidence presented, the bishop reaches moral certitude that the marriage is null, he can issue a sentence declaring the nullity of the marriage. If he is not morally certain, the case is admitted to the Ordinary Process, meaning it is then treated like a "normal" formal case. Appeal against the Bishop’s decision can be made by either party or the Defender of the Bond within 15 days after notification of the parties.
Please remember that in this process, like the Ordinary Process, there is no guarantee of an affirmative decision. So, like the Ordinary Process, a new marriage in the Catholic Church should NOT be scheduled, even tentatively, until an affirmative decision, free from restriction, is issued.
-
-
-
The law allows up to 30 days to review and admit a petition. Another 30 days is allocated to confirming the facts of the case. The law also allows 30 days for writing the sentence. The sentence cannot be acted on until the window for appeal has passed, another 15 days (not counting weekends and holidays). In all, that’s approximately 120 days from start to finish, not counting the possibility of delays.
-
-
